MATTER OF BAEZ v. ANNUCCI

528742.

175 A.D.3d 1703 (2019)

106 N.Y.S.3d 640

2019 NY Slip Op 06675

In Matter of Christopher Baez, Petitioner, v. Anthony J. Annucci, as Acting Commissioner of Corrections and Community Supervision, et al., Respondents.

Appellate Division of the Supreme Court of New York, Third Department.

Decided September 19, 2019.


Attorney(s) appearing for the Case

Christopher Baez, Coxsackie, petitioner pro se.

Letitia James , Attorney General, Albany ( Marcus J. Mastracco of counsel), for respondents.

Garry, P.J., Egan Jr., Clark, Aarons and Rumsey, JJ., concur.


Petitioner commenced this CPLR article 78 proceeding challenging a tier III disciplinary determination finding him guilty of possessing a weapon. The Attorney General has advised this Court that the determination at issue has been administratively reversed, all references thereto have been expunged from petitioner's institutional record and the mandatory $5 surcharge has been refunded to petitioner's inmate account. In view of this, and given that petitioner has received...

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